Terms of Service

What this document is

These are the rules for using Eigenslate. In plain terms:

This summary is here to be read. It is not the legally operative part of the document. The sections below are.

Scope and relationship to other documents

These Terms govern your use of Eigenslate. The Privacy Policy is the canonical statement of what information we collect and why; where these Terms touch on data handling, they cross-reference it rather than restating it. Where these Terms and any other document disagree about your rights and obligations in using the service, these Terms govern.

1. Who we are, and what these Terms cover

"Eigenslate" and "the service" mean the graphing calculator, the notebook, the website, and the accounts and storage behind them. "We" and "us" mean the business that provides them.

Operator: Eigenslate LLC, a California limited liability company

"You" means the person using the service. "Your content" means the graphs, notebook documents and other files you store with us, and the titles, file names and folder names you give them.

2. Agreeing to these Terms

By creating an account, or by using Eigenslate without one, you agree to these Terms. If you do not agree, do not use the service.

We record which version of these Terms and of the Privacy Policy you accepted, and when. You can see this on your account page.

3. Who may use Eigenslate

You must be at least 13 years old to use Eigenslate or to hold an account. Eigenslate is not directed at children under 13, and we do not verify your age. The Privacy Policy § 11 (Children and younger users) says how we treat younger users and what to do if you believe someone under 13 is using Eigenslate.

Buying Pro requires the person paying to be old enough to enter a binding contract where they live, which is a condition of the checkout. A parent or guardian can buy Pro for an account held by someone under 18. The Terms of Sale § 2 (Who may buy) has the detail.

If you are under 18, please read these Terms with a parent or guardian.

Eigenslate is offered in the United States only. We block access from elsewhere, and you may not use the service from outside the United States or work around that block.

You may not use Eigenslate if you are, or are acting for, a person or organisation on a government sanctions list, or if you are in a country or territory where the law prohibits us from providing the service to you.

4. Your account

Keep your sign-in details to yourself and tell us promptly if you think someone else has access to your account. You are responsible for what happens under your account, including anything done by someone who got hold of your sign-in details, unless they gained access through a failure on our side.

You may only hold one account, and only you may use it. Do not share an account, and do not create accounts automatically or in bulk.

5. Your content, and the permission you give us

5.1 Your content belongs to you

You keep every right you have in your content. Nothing in these Terms transfers ownership of your work to us.

5.2 How we can use your content

To run the service we need your permission to handle your content. You grant us a non-exclusive, worldwide, royalty-free licence to store, copy, transmit, process and display your content, for the sole purpose of operating and providing the service to you and, where you choose to share or publish, to the people you share it with.

This permission extends to our service providers, listed in the Privacy Policy § 5 (Who else sees your information), strictly so that they can provide those services to us.

5.3 What this permission does not include

For the avoidance of doubt, this permission does not allow us to:

If we ever want to do any of these, we will ask you, separately and specifically, and you will be free to say no.

5.4 How long the permission lasts

The permission lasts for as long as we hold a copy of the content. When you delete an item or your account, it ends as the copies are removed, on the timetable in the Privacy Policy § 10 (How long we keep things) and § 12 (Your rights), with one exception.

For a snapshot you deliberately chose to publish, the permission continues for as long as that snapshot remains available, including after you delete the graph it came from and after you close your account. This is what makes a published link permanent, which is the point of publishing one. Section 6.2 explains this, including how a published snapshot can be taken down.

5.5 Content you send us in a report

If you attach a copy of your work to a support report, or if your published content is reported to us, we keep a copy as a record of what was reported and what we did about it. That copy is covered by the same permission, and is kept as described in the Privacy Policy § 8.4 (How long reports are kept).

5.6 What you promise us about your content

You confirm that you have the rights to the content you upload or publish, and that sharing it through Eigenslate does not break the law or anyone else's rights.

6. Saving, sharing and publishing

When you save a graph it gets an unlisted link: anyone who has it can open the graph without signing in, and nobody else can find it. Notebook documents have no link and no other user can reach them. The Privacy Policy § 7 (Graphs, links and permanence) explains what this means for you.

6.2 Published snapshots are permanent

When you publish a snapshot, its link is designed not to break. It will keep working after you delete the graph it came from and after you close your account.

Please treat publishing as a deliberate and lasting act. Deleting the graph does not take a snapshot down, and neither does closing your account. The Privacy Policy § 7 (Graphs, links and permanence) says what a snapshot page shows about you and how to ask for one to be taken down.

One qualification: while an account is suspended or closed under § 8, everything it published is unavailable, and a link to it behaves as if nothing were there. If the account is reinstated, its links work again without any action on your part. A snapshot we remove under § 8 stays removed.

6.3 Graphs other people share with you

A graph someone shares with you was made by them, not by us. We do not review, check or endorse what other people publish, and we are not responsible for it. If a shared graph breaks § 7, report it to us under § 8.

7. Things you may not do

You may not use Eigenslate to:

This list is not exhaustive. Behaviour that is plainly abusive is not permitted merely because it is not itemised here.

8. Reports, investigations, and what can happen to an account

Anyone can report content. Every shared graph page has a report control that works without an account, and reports can be sent to report@eigenslate.com. The Privacy Policy § 8 (Support reports) describes what a report collects.

8.1 What happens after a report

A report about your published content may lead us to open a case on your account. What we may look at while a case is open, under what conditions, whether we keep copies of your work, and how you are told, is set by the Privacy Policy § 9 (When we look at your work), which governs and which this section does not restate.

8.2 Suspension

While a case is open we may suspend your account where there are documented grounds. We may also suspend it where we have reason to believe it is in breach of these Terms but cannot confirm that without looking at your work; that suspension lifts by itself once you have allowed us to look at what we asked to see, and the Privacy Policy § 9.2 (With your permission) says what you are told and what is opened. Suspension is temporary. You can still sign in, read what you have been told, answer consent requests, and appeal in the case's own thread. Everything you published is unavailable while suspended (§ 6.2), billing is paused, and the account cannot be deleted until the case is resolved (§ 10). If a suspension turns out to have been wrong, we make it good with free service time.

8.3 Closing an account for breaking these Terms

If a case finds that you broke § 7 or these Terms, we may close your account. A closed account cannot be used, everything it published is unavailable, and any subscription is cancelled without refund. You are told the category of reason and our notice, and you may still appeal while the appeal thread is open. We may afterwards delete the content of a closed account.

8.4 Removing content

Independently of any case, if content breaks § 7, or if we are required to act by law, we may remove it or make a published snapshot permanently unavailable. We may act without prior notice where content is unlawful, where someone is at risk of harm, or where the service itself is under attack. Where it is reasonable and lawful to do so, we will tell you what we did and why.

8.5 Repeated infringement

We close the accounts of people who repeatedly publish content that infringes other people's copyright. Repeated infringement is always enough to close an account. It is not the only thing that is: § 8.3 applies to any breach, including a single serious infringement.

Send copyright takedown notices to dmca@eigenslate.com.

Our Copyright Policy sets out what a notice must contain, what we do with it, and how the person who published the content can object.

9. Free, Pro, and how the service changes

Eigenslate has a free plan and a paid Pro subscription. You buy Pro from us; payment, tax, receipts, refunds and disputes are handled by Link, a Stripe service, under Link's terms which you accept at checkout. The Terms of Sale are the canonical statement of who you buy from, what Pro includes, its price, renewal, cancellation, refunds, and what happens to billing if your account is suspended or closed; this document does not restate them.

We are actively building Eigenslate, so features will change, and some will be added, altered or withdrawn. We may change or discontinue any part of the service. Where a change would significantly reduce what the service does for you, we will give you reasonable notice if we can.

We do not promise that Eigenslate will be available, uninterrupted, or free of errors, and we do not promise that your work will never be lost. Please keep your own copies of anything you cannot afford to lose. You can download your notebook files from within the app, singly or as a ZIP, on any plan. Graphs are not exported as files; a graph you want to keep can be published as a snapshot, whose link is permanent (§ 6.2).

We are not responsible for failures caused by things outside our reasonable control, such as failures of the internet, of our hosting provider, or of your own device or connection.

10. Ending this agreement

You may stop using Eigenslate at any time, and you can delete your account from your account settings. Deletion is refused while a Pro subscription is live, so cancel it first under the Terms of Sale, and while a case under § 8 stands. The Privacy Policy § 12 (Your rights) says how deletion works and what survives it; within these Terms, § 6.2 (published snapshots) and § 5.5 (report records) continue to apply.

We may end this agreement, and close your account, if you seriously or repeatedly break these Terms, or if we are required to by law. We may also close accounts that have been inactive for a long time, after telling you first.

Sections 5.4, 5.5, 5.6, 11, 12, 13, 14, 15, 16, 17 and 18 continue to apply after this agreement ends.

11. Ownership, licences and feedback

11.1 Our rights in the service

Eigenslate itself, meaning the software, the design, the documentation and the name, is ours or our licensors', and is protected by copyright and other intellectual property law. These Terms do not give you any ownership of it.

We give you a personal, non-exclusive, non-transferable, revocable permission to use Eigenslate in accordance with these Terms. That is all the permission you need to use the service normally, and it is the only permission these Terms grant you in it.

11.2 Open source components

Eigenslate includes open source components, listed in our Open Source Disclosures. Those components are licensed to you by their own authors under their own licences, and where one of those licences gives you rights that conflict with these Terms, that licence wins for that component.

11.3 Our name

Do not use the Eigenslate name or logo in a way that suggests we endorse you or your work, or that could confuse people about who is behind something. Saying that you used Eigenslate is fine.

11.4 Feedback

If you send us ideas, suggestions or bug reports, we can use them freely, without paying you and without any obligation to you, and you do not need to tell us before we do. Feedback is not your content in the sense of § 5.

12. No warranties

EIGENSLATE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

Eigenslate performs mathematical computation. We do not warrant that its results are correct, and you should not rely on them where an error would be costly or dangerous. Check anything that matters.

Nothing in this section removes rights you have as a consumer that cannot be removed by agreement.

13. Limits on our liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Subject to that:

WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSS, NOR FOR LOST PROFITS, LOST BUSINESS, OR LOST OR CORRUPTED DATA OR WORK.

Our total liability to you, for everything arising out of or relating to these Terms or the service, is limited to the greater of the amount you paid us in the twelve (12) months before the claim arose, or USD 50.

If you are a consumer, we are responsible for loss that is a foreseeable result of our breaking these Terms or failing to use reasonable care, and this section applies only so far as the law allows.

14. Your responsibility for claims against us

If someone brings a claim against us because of content you published in breach of § 5.6 or § 7, or because of some other breach of these Terms by you, you will cover the reasonable costs we incur as a result, including reasonable legal fees, to the extent those costs were caused by your breach.

We will tell you promptly about any such claim, and we will not settle it in a way that puts obligations on you without asking you first.

If you are a consumer, this section applies only so far as consumer protection law allows, and only to losses that were a foreseeable result of your breach.

15. If we disagree

15.1 Talk to us first

Please contact us first at support@eigenslate.com. Most problems are quicker to fix that way than through a formal process. If we have not resolved a dispute within thirty (30) days of you raising it in writing, § 15.2 or § 15.3 applies.

15.2 Arbitration, if you live in the United States

Please read this section carefully. It affects your rights.

If you live in the United States, any dispute between you and us arising out of or relating to these Terms or the service, that we have not resolved under § 15.1, will be resolved by binding individual arbitration rather than in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the arbitrator applying these Terms and the law in § 18.

15.3 Everywhere else, and consumer rights that cannot be waived

If you live outside the United States, disputes go to the courts under § 18, and nothing in § 15.2 applies to you.

Wherever you live, nothing in this section takes away a right that consumer protection law gives you and does not let you give up. And nothing in § 15.2 stops you from asking a court for public injunctive relief where the law where you live guarantees that right, as California law does.

16. Changes to these Terms

We may change these Terms. If a change is material, we will tell account holders before it takes effect and update the version block at the top. We keep a record of every version and its effective date, and we will send you the version you agreed to if you ask.

If you do not accept a change, you may stop using Eigenslate and delete your account before the change takes effect. Continuing to use the service after that date means you accept the new Terms.

We will not apply a change retroactively to something that already happened.

17. General

17.1 How we contact each other

We will send notices to the email address on your account, and you agree to receive notices from us electronically. Keep that address current. Notices about your account also appear in your inbox in the app, reached from the bell in the top bar, and you can reply to them there.

For anything about a specific bug or report, the report thread inside the app is the right channel, and we may reply to you there. Anything that affects your account or this agreement, such as a change to these Terms or a decision to close your account, we will send by email, so that it reaches you whether or not you open the app.

Notices to us go to the addresses in § 19, or, for a specific graph or fault, through the report form.

17.2 The whole agreement, and the rest

These Terms, together with the Privacy Policy and, if you buy Pro, the Terms of Sale, are the whole agreement between us about the service.

If any part of these Terms is found unenforceable, the rest continues to apply.

If we do not enforce something straight away, we have not given up the right to enforce it later.

You may not transfer your rights under these Terms to anyone else. We may transfer ours to a company that takes over the service, provided your rights are not reduced.

18. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to § 15, the state and federal courts in San Diego County, California, have exclusive jurisdiction over any dispute that is not arbitrated.

19. Contact

General: support@eigenslate.com Privacy and data requests: privacy@eigenslate.com Reporting content: report@eigenslate.com Copyright: dmca@eigenslate.com

Postal address: Eigenslate LLC, 11440 W. Bernardo Ct., Suite 300, San Diego, CA 92127, United States

All four addresses are listed on our contact page, linked from the footer of every page.